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Study On Reconciliation Of Public Prosecution In Criminal Cases

Posted on:2011-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:R F WuFull Text:PDF
GTID:2296330452961583Subject:Law
Abstract/Summary:PDF Full Text Request
Faced with the plights of the traditional criminal justice,plights that include lowefficiency, respecting the dominant position of the parties is not enough, the case can notachieve justice, not to accomplish benefit balance,not fully reflect the spirit of he moderncriminal law. Affected by native and foreign criminal theories, the criminal settlementmovement is being in the ascendant. But now scholars of the criminal settlement systemstays in the case of private prosecution, and had not played in a larger context of theadvantages of reconciliation system. This article attempts to expand the scope of the criminalsettlement, the settlement system can be extended to the case of public prosecution.The article first raises the necessity for reconciliation and prosecution of criminal cases,and then divided into four parts covering: The first part, drawing lessons from the definitionof the criminal settlement in the academic community, try hard to define the meaning ofreconciliation of public prosecution system, highlighting the nature of the case of publicprosecution, stressing reconciliation applies only to the investigation and prosecution stage,there must be public authority bodies to participate in the reconciliation process. Then tracesthe development context of reconciliation in criminal cases, and analyze the value ofreconciliation system.The second part, from a theoretical aspects of the public prosecution of criminal casesto describe, the criminal law theories mainly introduce the theory of educational penalty, thepurpose of criminal law theory, control theory of criminal law, the theory of the criminal lawrelationships.conflict with traditional concepts of justice, the right to conflict with thenational prosecution theory there are two difficulties that Reconciliation of publicprosecution in criminal cases are conflicted with traditional equity and justice, conflictedwith the national prosecution right, then introduce how to solute.The third part discusses the aspects of reality, introduces the traditional harmony cultureand building a harmonious society environment, temper justice with mercy in the criminaljustice policy, existing criminal laws and regulations on the private prosecution criminal casesettlement, the break and attempt of practical circle.try hard to search theoretical supportand practical basis about the feasibility of reconciliation of public prosecution in criminal cases to five aspects, and its presence conflicts with the existing criminal entity wears, thelack of supporting institutions to resolve practical difficulties.The fourth part, firstly introduce Meng Guang Hu’s case, highlight the entire process ofreconciliation must always carry out the principle of equality and voluntarism, the principleof fair and ration, the principle of balance of interests and the principle of public authoritiesinvolved in the four basic principles, and then from subject, scope, application stage, theapplication conditions, the content and effect of the settlement agreement and reconciliation,mediation bodies of six specific aspects of construction to build. The final for the third partof the article put forward the lack of supporting institutions about reconciliation of publicprosecution in criminal cases, focuses on Guilty Pleas system, prosecutors discretion system,damages the victim system, further improve the institutional environment for reconciliationsystem running.
Keywords/Search Tags:public prosecution cases, criminal settlement, foundation, predicament, building
PDF Full Text Request
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